Former Tenant Gets Rent Abatement for Water Damage

Former rent-stabilized tenant sued landlord in small claims court, seeking $5,000 in damages based on landlord's failure to make apartment repairs. Tenant showed that a major leak due to a burst pipe occurred in the apartment in August 2018. Tenant was away overnight when this occurred, but the leak caused water to pour from the apartment. The leak resulted in two large holes in the walls that landlord covered with a blue tarp. While landlord's contractor stated that the floors needed to be refinished following the flooding, landlord never did the work. In October 2018, landlord suggested that tenant move to another renovated unit in the building, but tenant didn't want to do so. That same day, a second major leak occurred in the apartment, releasing water and waste into the unit. Tenant had to move and store all her living room furniture and was unable to use her living room or kitchen following the leaks. Mold also developed. HPD inspection resulted in violations. Months later, repairs were incomplete, and tenant moved out in March 2019. The court ruled for tenant and gave her a 75 percent rent abatement for August and September 2018, along with an 85 percent abatement for October and November, and the cost of furniture storage. Since this was a small claims matter, damages were limited to $5,000 plus costs and interest.

Bivins v. New Savoy Park Portfolio LLC: 65 Misc.3d 1214(A), 2019 NY Slip Op 51633(U) (Civ. Ct. NY; 10/16/19; Kraus, J)